Persons_1_Civil Personality Flashcards
Define Person
any being, natural or artifi cial, capable of possessing legal rights and obligations.
(2 Sanchez Roman 110).
What are the Two Kinds of Persons and define each.
- Natural persons — human beings created by God through
the intervention of the parents. - Juridical persons — those created by law. (2 Sanchez Roman
112-114).
Recite Art 37 of the Civil Code.
Juridical capacity, which is the fitness to be thesubject of legal relations, is inherent in every natural person
and is lost only through death. Capacity to act, which is the
power to do acts with legal effect, is acquired and may be
lost.
Define Juridical Capacity
in latin: capacidad juridica
the fitness to be the
subject of legal relations.
Define Capacity to Act’
in latin: capacidad de obrar; “facultas agendi.”
the power to do acts with
legal effect.
Differentiate Juridical Capacity from Capacity to Act
Juridical Capacity (a) Passive (b) Inherent (c) Lost only through death (d) Can exist without capacity to act
While Capacity to Act: (a) Active (b) Merely acquired (c) Lost through death and may be restricted by other causes (d) Exists always with juridical capacity
Define Full or Complete Civil Capacity
in Latin: plena capacidad civil
The union of the two kinds of capacity
T/F
A person is presumed to have capacity to act.
True.
Standard Oil Co. v. Arenas, et al., 14 Phil. 363
Recite Art 38 of the Civil Code
Minority, insanity or imbecility, the state of
being a deaf-mute, prodigality and civil interdiction are
mere restrictions on capacity to act, and do not exempt the
incapacitated person from certain obligations, as when the
latter arise from his acts or from property relations, such as
easements.
What are Restrictions on Capacity to Act?
(a) Minority (below 18).
(b) Insanity or imbecility.
(c) State of being a deaf-mute.
(d) Prodigality
(e) Civil interdiction
Define Prodigality
the state of squandering money or property with a morbid desire to prejudice the heirs of a person. (Martinez v. Martinez, 1 Phil. 182).
Define Civil Interdiction
the deprivation by the court of a person’s
right:
1) To have parental or marital authority.
2) To be the guardian of the person and property of a
ward.
3) To dispose of his property by an act inter vivos (he cannot donate, for this is an act inter vivos; but
he can make a will, for this is a disposition mortis causa).
4) To manage his own property.
What is the penalty for Civil Interdiction according to Art 41 of RPC?
The penalty of civil interdiction is given
to a criminal punished by imprisonment for 12 years
and 1 day or more.
Age of Majority in the Philippines.
eighteen
T/F
Generally, a minor needs parental consent before
he can enter into an ordinary contract. If he goes ahead
without such consent, the contract is not however void but merely unenforceable.
False.
Generally, a minor needs parental consent before
he can enter into an ordinary contract. If he goes ahead
without such consent, the contract is not however void. It is
merely voidable; that is, valid until annulled.
T/F
A minor has no capacity to act.
False
a minor has capacity to act, but his capacity is RESTRICTED
T/F
A minor cannot create a trust of any kind
True.
Gayondato v. Treasurer, 49 Phil. 244),
A minor can act as an executor or
administrator.
False. A minor can act as an executor or
administrator. (Rule 78, Sec. 1, Rules of Court).
T/F
If at least 12 years of age, however, he must give his written
consent to make valid a legal adoption.
False.
If at least 14 years of age, however, he must give his written
consent to make valid a legal adoption. (Art. 188[1], Family
Code).
T/F
If at least 18 years old, he can make a will or be a witness to one.
True
If at least 18 years old, he can make a will (Art. 797,
Civil Code) or be a witness to one. (Art. 820, Civil Code).
T/F
Minority does not exempt the minor from certain obligations,
as when the latter arise from his acts or from property relations.
Thus, he may acquire property using the capital of his parents, said property to belong to the latter in ownership and
usufruct
True.
Cruz v. Court of Appeals
L-40880, Oct. 13, 1979
T/F
Art. 340 of the Revised Penal Code which deals with the “corruption of minors” refers to minors below 21 (now 18) years,
even if more than 18 years old.
True.
Alimagno v. People
GR 36468, Feb. 21, 1983
Define Insanity.
a condition in which a person’s mind is sick.
Define Imbecility
feeble-mindedness, or a condition in which a person
thinks like a small child.
T/F
If a person is under guardianship because of
insanity, he is of course presumed insane if he should enter
into a contract. But this presumption is only prima facie or
rebuttable. If it can be shown that he was acting during a lucid
interval, the contract will be considered voidable.
False.
If a person is under guardianship because of
insanity, he is of course presumed insane if he should enter
into a contract. But this presumption is only prima facie or
rebuttable. If it can be shown that he was acting during a lucid
interval, the contract will be considered VALID. (Dumaguin v.
Reynolds, et al., 48 O.G. 3887).].
T/F
A deaf-mute may either be sane or insane. If sane, prescription
may run against him
True
(Director of Lands v. Abelardo,
54 Phil. 387).
Deaf mute may make a will (Art. 807); but cannot be a
competent witness to a notarial will. (Art. 820).
True.
What are the general effect of restrictions in capacity?
(a) The restrictions in Art. 38 do not extinguish capacity
to act. They merely restrict or limit the same. Thus,
an insane person’s contract is merely voidable, not
void.
(b) The incapacitated person is not exempt from certain
obligations arising from his acts.
T/F
If incapacitated person commits a crime, his property may
still be held liable.
True.
What are the circumstances that modify or limit a person’s capacity to act, according to Art 39 of Civil Code?
iiippaafatt
- age,
- insanity,
- imbecility,
- the state of being a deaf-mute,
- penalty,
- prodigality,
- family relations,
- alienage,
- absence,
- insolvency and
- trusteeship.
T/F
A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by
law.
True
Art 39 of Civil Code
T/F
Generally, proceedings for exclusion or deportation and a
criminal action against the alien exclude each other, and cannot therefore co-exist.
False.
Generally, proceedings for exclusion or deportation and a
criminal action against the alien do not exclude each other, and
may therefore co-exist. (Galang v. Court of Appeals, L-15569,
May 30, 1961).
T/F
A married woman, eighteen years of age or over, is qualified for all acts of civil life, except in cases specified by law.
True.
T/F
A married woman may, donate, mortgage, or pledge her own
paraphernal property without marital consent.
True
A married woman may, donate, mortgage, or pledge her own
paraphernal property without marital consent.
(Art. 140, Civil
Code).
A married woman may not even exercise a calling or profession.
False.
A married woman may even exercise a calling or profession.
(Art. 117,
Civil Code, now Art. 73, Family Code).
T/F
If the married woman be under 21, she is considered a
married minor. She therefore cannot dispose of or encumber
her own real property without parental consent. (Art. 399). If
her husband is the guardian, his consent is needed.
True.
Juana married Pedro in 1947. Is her capacity to execute
acts and contracts governed by the new Civil Code?
Yes, under Art. 2259 which provides that the
capacity of a married woman to execute acts and contracts
is governed by the new Civil Code, even if her marriage was
celebrated under the former laws.
